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Section 25186.3 Of Article 8. Enforcement From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 8.
25186.3
. (a) The department shall prepare a written report pursuant
to subdivision (b) whenever the department proposes to issue a
hazardous waste facilities permit applied for pursuant to Section
25200 and the department has information that the applicant, or the
applicant under any previous name or names, or, if the applicant is a
business concern, any officer, director, or partner of the business
concern, has been named as a party in any action involving violation
of any statute, regulation, or requirement specified in Section
25186, excluding civil and administrative penalties of one thousand
dollars ($1,000) or less at any hazardous waste facility issued a
permit pursuant to this chapter, and that a conviction, judgment, or
settlement has been entered during a three-year period preceding the
date of application.
(b) The report shall list all convictions, judgments, and settlements relating to violations of any statutes, regulations, or requirements specified in Section 25186, excluding civil and administrative penalties of one thousand dollars ($1,000) or less at any hazardous waste facility issued a permit pursuant to this chapter, that occurred during the three-year period preceding the date of application. The listing of settlements shall include the following statement: "Settlements may or may not include admissions of guilt." The report shall separately list all criminal convictions and those violations resulting in penalties of fifty thousand dollars ($50,000) or more and shall be included in the administrative record for the proposed permit.
(c) For the purposes of this section, the department may use criminal history information obtained from the Department of Justice to the extent that the information is necessary to list all convictions, judgments, and settlements as required by subdivision (b).
(d) This section does not apply to facilities that meet the requirements necessary to operate pursuant to the department's permit-by-rule regulations.
(b) The report shall list all convictions, judgments, and settlements relating to violations of any statutes, regulations, or requirements specified in Section 25186, excluding civil and administrative penalties of one thousand dollars ($1,000) or less at any hazardous waste facility issued a permit pursuant to this chapter, that occurred during the three-year period preceding the date of application. The listing of settlements shall include the following statement: "Settlements may or may not include admissions of guilt." The report shall separately list all criminal convictions and those violations resulting in penalties of fifty thousand dollars ($50,000) or more and shall be included in the administrative record for the proposed permit.
(c) For the purposes of this section, the department may use criminal history information obtained from the Department of Justice to the extent that the information is necessary to list all convictions, judgments, and settlements as required by subdivision (b).
(d) This section does not apply to facilities that meet the requirements necessary to operate pursuant to the department's permit-by-rule regulations.
